The Government begins the processing of the Trans Law that will allow changing sex from the age of 14
La Trans and LGTBI Law at the state level it comes after months of disputes between the members of the Executive and various stoppages in its processing. Finally the Government will process the laws in a single text Trans and LGTBI that contemplates the self-determination and depathologization of trans people.
The bill, which has been opposed by the feminist movement, envisages eliminating the need for medical reports or years of hormonal training that are now needed to change the DNI. It is changed to a double appearance system: the person must request the change in the Civil Registry and return three months later to ratify it and make it effective, without guardianships or witnesses.
Depathologization
"Finally, trans people will no longer be considered sick in Spain”, Proclaimed on Monday the Minister of Equality, Irene Montero (United We can), in the institutional act of the Government for the International Day of the LGTBI pride. "This law is a sincere pardon to all those people to whom this country has told that their lives were worth less. Your lives matter”Said the minister, the most active within the Government in pushing the law.
Uge Sangil, President of the State Federation of Lesbians, Gays, Trans and Bisexuals (FELGTB), stated that, although the law has not yet been approved, "this is the first step to obtain rights and end pathologization." The work of this association, as well as that of Chrysallis —Which brings together families with trans children— and that of the Triangle foundationhas also been key to unlocking the negotiation. Date has played an important role in this: the PSOE, guarantor of rights LGTBI With measures like equal marriage, he didn't want to get to Pride without a proposal to make.
Free self-determination
The great stumbling block, that both UP As the collectives had set as a red line, it was precisely the free self-determination of gender, which has finally been achieved in terms similar to those foreseen. People over 16 years of age may request it themselves. And it will be allowed with the assistance of parents or guardians from the age of 14 (the age at which the DNI is mandatory) and not from 12 as included in the draft that Equality prepared in February.
Spain it thus joins a small group of countries that have already legislated in this regard. Among them are Norway, Malta, Ireland, Norway, Denmark and Luxembourg. Spain it will have one of the most advanced laws regarding trans rights. Although some assets of the trans movement regret not having taken the opportunity to go a little further.
Out of the law
La Trans Platform Federation has issued a statement in which he denounces «that the draft is a merger of the two laws, which implies a breach of the Government's programmatic agreement, which has resulted in a clear cut of trans rights, of 53 pages, only 3 make mention of trans people«. Once again, the most vulnerable part is the one that is punished without its own, integral and transversal framework, explains its president Mar Cambrollé.
They also focus on the «lack of protection of trans children whose right to change their name and sex is undermined, in breach of the ruling of the 2019 Constitutional Court and the Childhood Protection Law«. Another critical point is the non-inclusion of trans migrants as beneficiaries of the change of name and sex in the administrative documents issued by the Spanish state; residence card, work permit, health card, etc. And the non-legal recognition of non-binary identity.
The activist Carla Antonelli celebrated in their networks the overcoming of the insurmountable red line that supposed self-determination, and has also been critical of the 14-year limit and the non-recognition of non-binary people. «We will not leave anyone behind. Today the beginning of the end begins to be written", has declared Antonelli.
